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HomeMy WebLinkAboutC97-123 Colorado Pavement Maintenance IncGENERAL SPECIFICATIONS RUNWAY & TAXIWAY CRACK SEALING EAGLE COUNTY REGIONAL AIRPORT GENERAL INFORMATION LOCATION: Runway 07-25, taxiways "A" and "B", connectors Al through A-6, B2 and B3 on northside of runway. Connectors C-1, C-2, & A-2 to south ramp. Also, area surrounding ARFF (Administration Building). Old Runway west of B-3 and entire North Ramp. CONTINUITY: The work hereunder includes that contractors progress may be disrupted in order to accommodate aircraft and airport operations. All runway work shall be accomplished after 7:00 p.m. and before 7:00 a.m. to minimize the impact on aircraft operations. Runway shall be defined for the terms of this contract as the Runway and connecting taxiways from the hold lines into runway centerline. The balance of the work can be accomplished during daytime operations. CONTACT PERSONS: • Jim Elwood, Airport Manager 970-524-9490 • Harry Hurd, Airport Maintenance 970-524-8245 • Jim Jackson, Airport Maintenance 970-524-8245 ESTIMATED CONTRACT LENGTH: Fifteen (15) working days. Contractor will be granted extra days, if necessary, due to inclement weather on a day -for -day basis. Contractor will work on a continuing basis once work begins. METHOD OF PAYMENT: • Upon completion of project work ................... Payment of 90% • After completion of final settlement hearing by Board of County Commissioners .......................................... Payment of 10% Airport Manager or Airport Maintenance personnel, together with project foreman, will verify and coordinate measurements and quantities for final payment. ESTIMATED QUANTITIES: A. Lineal feet of crack sealing on Runway 07-25 ............................... approximately 25,000 Lf. CADATAMMAGREMEWRUN WTAXI B. Lineal feet of crack sealing on"A" Taxiway and Taxiway connectors ............................... approximately 12,500 I.f. C. Lineal feet of crack sealing on "B" Taxiway, Old Runway and G.A. North Ramp .............................. approximately 60,000 I.f. These quantities are estimates only. Airport Management has attempted to make reasonable estimates. No guarantees are given on the work required. Bidders are, therefore, urged to make a site visit to verify estimates. MATERIALS AND APPLICATION SPECIFICATIONS: A. Contractor will provide all necessary tools, equipment, materials and proper manpower to satisfactorily complete the Scope of Work in the project. B. Contractor will clean, sweep, and adequately prepare work area prior to material application. Area of work shall be free of all dirt, sand, oil, and grease before any application takes place. C. Contractor will clean out and prepare asphalt cracks using high pressure/compressed air or other acceptable method that adequately prepares cracks for filling. Airport Management and Project Foreman will walk the site to identify the cracks to be filled and lineal footage. D. Under no circumstances shall runway grooves be filled. E. Contractor will furnish and apply Deary 3405 or equivalent crack fill material to approximately 97,500 I.f., per specifications noted on EXHIBIT A, attached hereto and incorporated herein. F. Contractor shall furnish any light signs and/or barricades for runway closure markings required following FAA guidelines AC -150/5340-1 G(35) and AC -150/5370-2C. Contractors work crews shall maintain radio contact with Eagle Tower on frequency 118.2 or ground control on Frequency 121.8 when working on the Eagle County Regional Airport. Contractor must meet all Airport Rules and Regulations concerning access to and procedures on Airport Operation Area including, but not limited to, vehicle lighting and marking outlined in AC-150/5210-5B(7C), Radio Procedures and Security Requirements. G. Contractor will clean entire work area after application and curing period to airport's satisfaction. H. Contractor will warranty workmanship to be free of defects for one (1) full year from date of Final Settlement Hearing. Materials used by Contractor will be warranted free of defect according to manufacturer's warranty for one (1) full year after Final Settlement Hearing. CADATAMMAGREMENIIRUNWTAXI 2 Payments will be made following completion and inspection of the work. C:\DATA\WP\AGREMENIIRUNWTAXI P OJECT BIDDING PROCEDURES: CRACK SEALING BIDS are to submitted as follows: Total Unit Price 1. Runway 07-25: $ r ,75d -o $ .235/I.f. 2. All taxiways and connectors: $ -�2 1315-0 $,,,23S /I.f. 3. Old Runway and entire North Ramp: $ a3 345 /1 -f TOTAL: $_32 a•52 lorocJo �Rvem-eyc� C:\DATA\WP\AGREMENT\RUNWTAX1 4 EXHIBIT A CRACK SEALING DESCRIPTION This work shall consist of the placing of a hot asphalt -rubberized sealant into the existing cracks and joints of the asphalt pavement prior to the application of the fog seal and in additional areas designated on the plans, in particular the areas bordering the proposed concrete pad, in accordance with these specification and in the locations designated by the Engineer. MATERIALS RUBBERIZED ASPHALT. The asphalt cement shall conform, prior to the addition of rubber or other additives, to the specification for AC -10, AC -20 or ASTM D 3405. This material shall meet the requirements of the manufacturer's recommendations. The manufacturer shall submit his recommendations, in writing, to the Engineer. CONSTRUCTION METHODS. The asphalt -rubber mixture shall be heated in a double -boiler pot in order to keep to a minimum any localized heating. The mixture shall be combined, mixed, heated, and placed in accordance with the manufacturer's recommendations. All cracks and joints that are to be sealed shall be blown -out with an air compressor prior to sealing. Sealing shall penetrate the full depth of the crack. All cracks in excess of 5/8 -inch in width are to be sealed to full depth that the material can penetrate, but no less than the width of the crack. Cracks in excess of 5/8 -inch need not be routed. Any cracks that are excessively wide and/or deep, as determined by the Engineer, shall be filled with a bituminous material or an approved compressible material prior to filling with the sealant. This material shall be placed to within .5 inches from the top of the pavement. The Contractor will be required to place excess sealant material over the joints and cracks to provide an overlap of 6 -inches on either side of the area (for a depth of approximately 50 mils in thickness). This overlap shall be squeegeed over the joints and cracks. An exception is the 3/4 -inch x 3/4 -inch joints. In areas which are to be overlaid, the sealant mixture shall be made flush with the existing pavement surface. MATERIAL REQUIREMENTS ASTM D 3405 Hot -poured Joint Sealant for Concrete and Asphalt pavements. C ADATAMMAGREMENTRRUNWTAxI EAGLE COUNTY REGIONAL AIRPORT RUNWAY & TAXIWAY CRACK SEALING BID INSTRUCTIONS All services are to be included in one proposal which will assign "single point" responsibility for the project. BIDDING SCHEDULE Qualifications and backup information will be due Thursday, May 15, 1997 at 4:00 p.m. Responding firms may be interviewed promptly thereafter. The project will be awarded at a scheduled meeting of the Eagle County Board of Commissioners . The selected firm will be expected to start work following the project award. INFORMATION TO BE INCLUDED: To be considered for this project, all submittals must include the following information: 1. Names and resumes of principal construction staff (including sub -consultants) to be involved with the project. Particular emphasis should be given to experience of the firm and individual qualifications to key management personnel with comparable projects. 2. List of comparable projects by the firm and/or individual staff who will be involved with the project. 3. List of references related to comparable projects. 4. A proposed time schedule and work program to meet the project schedule discussed above. 5. A statement of time availability of the firm/individuals during construction. REVIEW OF SUBMITTAL The Airport Manager will review selected firms. The criteria to be used in evaluation of the proposals submitted for consideration, will include but is not limited to: 1. Qualifications and relevant individual experience, including unique knowledge of key staff members on similar projects. CADATA\WPWGREMENT\RUNWTAXI 2. Team organization, project management, coordination of various disciplines, demonstrated ability to meet budget requirements and cost control methods. 3. Experience on similar projects including safety and air field experience. 4. Demonstrated sensitivity to knowledge of local labor and material market. The final selection of the firm will be made by the Eagle County Board of Commissioners. BOND AND INSURANCE REQUIREMENTS All of the bond and insurance requirements in the General Conditions will be reviewed with selected firm in detail. SUBMITTAL Please return five (5) copies of the submittal to: Eagle County Regional Airport Attn: James P. Elwood, A.A.E., Airport Manager Airport Administration/ARFF Building 219 Eldon Wilson Road P.O. Box 850 Gypsum, Colorado 81637 If you have any questions, please contact Harry Hurd, Airport Maintenance, at 970-524- 8245. C ADATA\WPWGREMENT\RUNWTAXI AGREEMENT BETWEEN COLORADO PAVEMENT MAINTENANCE AND EAGLE COUNTY RUNWAY AND TAXIWAY CRACK SEALING AT THE EAGLE COUNTY REGIONAL AIRPORT THIS AGREEMENT is made and entered into this day of , 1997, by and between the Board of County Commissioners of the Cou y of Eagle, State of Colorado, hereinafter referred to as the "OWNER"; and, Colorado Pavement Maintenance, hereinafter referred to as the "CONTRACTOR". WHEREAS, in consideration of the mutual covenants set forth herein, the parties hereto agree as follows: WORK Contractor shall provide all equipment, materials, and labor for and complete all work as specified in the General Specifications (WORK). The Work is generally described as runway and taxiway crack -seal. The General Specifications are incorporated herein as though set forth in full. PRICE AND PAYMENT Owner shall pay contractor for performance of the Work in a lump -sum determined by the quantities performed and the prices per unit set forth in Contractor's proposal, which is incorporated herein as though set forth in full. The price for the work will not in any event exceed Thirty Two Thousand Five Hundred Twelve Dollars and Fifty Cents ($32,512.50).. Contractor will be paid ninety percent (90%) of the contract price upon completion of the work to Owner's satisfaction. This contract is subject to final settlement procedures, and the balance of the contract price will be paid in accordance with C.R.S. §38-26-107 after final settlement of the contract has been duly advertised and the Board of County Commissioners has held a public hearing thereon. The funds appropriated for this project are equal to or in excess of the contract amount. No change order or other form of order or directive by County, and no amendment to this Agreement, requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the CADATA\WP AGREMENMUNWTAXI original Agreement, shall be of any force or effect unless accompanied by a written assurance by County that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy -granting provision in the Agreement. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: • Contractor has familiarized itself with the nature and extent of the contract documents, work, locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations which in any manner may affect cost, progress, or performance of the Work. • Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations. • Contractor acknowledges the County's right to interrupt work for airport/aircraft operations, as necessary. CONTRACTOR'S WARRANTY Contractor will warranty workmanship to be free of defect for one (1) year after final acceptance. Material will be warranted free of defect according to manufacturer's warranty or one (1) year, whichever is longer. PERFORMANCE AND OTHER BONDS Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect at least until two (2) years after the date of final payment, except as otherwise provided by law. MISCELLANEOUS The General Conditions attached hereto are incorporated in this agreement as though set forth in full. No assignment by a party hereto of any rights under, or interest in, the Contract will be binding on another party hereto without the written consent of the party sought to be bound, to be given or withheld in its sole discretion. No modification or waiver of this Agreement or of any covenant, condition or provisions contained in it shall be valid unless in writing and duly executed by the party to be charged therewith. This written Agreement, including the General Specifications and the Contractor's Proposal CADATA\WP\AGREMENT\RUNWTAXI 2 incorporated herein, supersedes all writings and discussions between the parties hereto prior to or contemporaneous with the execution of this Agreement, and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Contractor other than those contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this IZC/, day of 1997. ATTEST: AG tF oo VOILORN"o By: n t.L' Clerk to the goard of County Commissioners ATTEST: in CADATA\WP\AGREMENrRUNWTA)U OWNER: County of Eagle, State of Colorado By and Through its BOARD OF COUNTY COMMISSIONERS LE h' ' ME /Johnnette • CONTRACTOR: By: Aut orized Representative Address: Colorado Pavement Maintenance P.O. Box 1425 Palisade, Colorado 81626 GENERAL CONDITIONS Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that CADATA\WP\AGREMENT\RUNWTAXI 4 Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 10. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 11. Contractor shall keep the premises/work site and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor'S obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged C ADATA\ W RAGREMEN D RUN W TAXI by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of CADATAMP\AGREMENPRUNWTAXI 6 policies, as the case may be. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this contract which is considered not to exceed one hundred percent (100%) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (1) $500,000 each person/$1,000,000 each occurrence, for bodily injury and $600,000 each occurrence for property damage, (ii) the maximum liability of a local government provided in the Colorado Governmental Immunity Act, 24-10-101, et seq., CRS (1973) as that may be amended from time - to -time, or (iii) such greater amount(s) as may be required by law. Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. CADATAMMAGREMENIIRUNWTAXI 7 Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 15. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. CADATA\WP\AGREMENPRUNWTAXI 8 b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. C. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. Progress Payments: If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. 20. Final Payment: Contractor shall immediately take such measures as are necessary to remedy such deficiencies. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. C ADATA\ W MAGRE MENIIRUN W TAXI 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 22. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 23. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or a release of Contractor's obligation to perform the Work in accordance with the contract documents. 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 27. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been CADATA\WPWGREMENT\RUNWTAXI 10 rejected by Owner, remove it from the site, and replace it with non -defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 28. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 29. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination;_ b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims C ADATA\WPWGREMEMPRUNWTAXI arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the unterminated portion of the Work or taking closeout measures. 30. Colorado labor shall be employed to perform the work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the project. "Colorado labor" means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. CADATAMMAGREMENPRUNWTAXI 12